Arumugam v. The Deputy Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN and The Hon`ble Mr.Justice J.SATHYA NARAYANA PRASAD Crl.M.P.(MD) No.8389 of 2024 in Crl.A (MD) No.125 of 2024 ARUMUGAM ... Petitioner / Petitioner / Appellant Vs 1 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUCHULI UTKOTTAM, VIRUDHUNAGAR DISTRICT.
CRIME NO.67 OF 2020.
... 1 st Respondent / Respondent / Respondent 2 VENNILA ... 2 nd Respondent / Proposed Respondent No.2 / Victim Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to implead the Respondent No.2/ Proposed Respondent No.2 in Crl.A(MD) No. 125 of 2024 and the connected Miscellaneous Petition and to pass such other further reliefs as this Honble Court.
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Prayer in CRL A(MD). 125/ 2024 :
to call for the records and to set aside the conviction and sentence imposed on the appellant/Accused dated 29.12.2023 in SPL.S.C.No.19 of 2021 by the learned Additional Mahila and Session Judge, Srivilliputtur Prayer in CRL MP(MD). 1803/ 2024 :
To Suspend the Sentence imposed on the Petitioner in Spl.SC.No.19 of 2021 dt.29.12.2023 by the Learned Additional Mahila and Sessions Judge,Srivilliputtur pending disposal of the above Criminal Appeal. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.M. RAJAMOHAN, Advocate for the petitioner and of M/s.S.RAVI, Additional Public Prosecutor on behalf of the Respondent No.2, while admitting the Court made the following order:- This Criminal Miscellaneous Petition has been filed seeking to implead the de-facto complainant as the second respondent in the Criminal Appeal. 2.The appellant had filed the Criminal Appeal consequent to conviction in Spl.S.C.No.
19 of 2021 by the Additional Mahila and Sessions Court, Srivilliputtur for the offences punishable under Sections 306, 511 of IPC and Sections 3(2)(v) & 3(1)(w) (i) of SC/ST (POA) Amendment Act, 2015 and also under Sections 5(i), 5(j)(ii) r/w. 6 of POCSO Act. He had been convicted and sentenced to life imprisonment for substantial offence under Section 5(i), 5(j)(ii) r/w. 6 of POCSO Act.
3. The proposed respondent was the de-facto complainant. Notice had been directed and notice had been served and name had been printed in the cause list. She is also present in the Court.
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4. On enquiry by Mr.S.Ravi, learned Additional Public Prosecutor, the proposed second respondent stated that she has no means to appoint any counsel. We would therefore, request the Member Secretary of High Court Legal Aid Service Authority attached to Madurai Bench to appoint a counsel of considerable standing of at least 10 years experience to appear on behalf of the second respondent whom we now propose to implead as a party to the Criminal Appeal.
5. This Criminal Miscellaneous Petition stands allowed. If any counsel is so appointed, Registry is directed to give free copies of all relevant documents to the said counsel.
sd/- 24/09/2024 / TRUE COPY / / 10 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
RM TO
1. THE JUDGE, ADDITIONAL MAHILA AND SESSIONS COURT, SRIVILLIPUTTUR.
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2 THE DEPUTY SUPERINTENDENT OF POLICE, THIRUCHULI UTKOTTAM, VIRUDHUNAGAR DISTRICT.
3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO 1.THE MEMBER SECRETARY HIGH COURT LEGAL AID SERVICE AUTHORITY MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
2. THE OFFICER INCHARGE HIGH COURT LEGAL AID SERVICE AUTHORITY MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
ORDER
IN Crl.M.P.(MD) No.8389 of 2024 in Crl.A (MD) No.125 of 2024 Date :24/09/2024 PSP/ JGB /SAR /08.10.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4